You got SERVED!...or did you?

[Jennasis]

I'm talking PROCESS SERVED. What is the legality in regards to this. My sister just called all angry because her fiance got served (long story). However, he wasn't home. So the process server handed the papers to HER.

Can that be legal?? Doesn't the person being served have to be the one receiving the papers? My sister has NOTHING at all to do with the legal issue.

 

[kellyg403]

Yes, it is legal in NC. We were trying to buy a house about 4 years ago. Went all the way to the closing date and our mortgage company would not fund it due to the owners NOT replacing the septic tank as we agreed in the paperwork. Two days later, my 13 yo dd was home and the sheriff showed up, handed her the paperwork for me and dh because the homeowner was suing us for the good faith money since we backed out of the deal. I asked this very question because I was beyond po'd that not only was the moron homeowner suing us for what was HER fault but the sheriff would hand that kind of paperwork to a kid. But perfectly legal.

Kelly

 

[CathrynRose]

If he lives there, I don't see why it couldn't be legal.

I have to say - and this isn't just your situation - but I hate when people attempt to avoid the 'serving' by technicalities (such as this could be).

I mean, he's going to eventually be served. Why put off the inevitable and irritate everyone in the process? KWIM?

 

[Jennasis]

If he lives there, I don't see why it couldn't be legal.

I have to say - and this isn't just your situation - but I hate when people attempt to avoid the 'serving' by technicalities (such as this could be).

I mean, he's going to eventually be served. Why put off the inevitable and irritate everyone in the process? KWIM?

I hear you. My sister was upset (mostly because the guy interrupted a conference call). I told her, in terms of the legal issue, to not sweat it, since he has nothing to hide...the subpeona is just a time waster since he's done nothing wrong...

I hope.

 

[Jennasis]

Yes, it is legal in NC. We were trying to buy a house about 4 years ago. Went all the way to the closing date and our mortgage company would not fund it due to the owners NOT replacing the septic tank as we agreed in the paperwork. Two days later, my 13 yo dd was home and the sheriff showed up, handed her the paperwork for me and dh because the homeowner was suing us for the good faith money since we backed out of the deal. I asked this very question because I was beyond po'd that not only was the moron homeowner suing us for what was HER fault but the sheriff would hand that kind of paperwork to a kid. But perfectly legal.

Kelly

They are in NY. I know they put in a call to his lawyer, but I figured I'd consult MY experts here too!

 

[legalsea]

I'm talking PROCESS SERVED. What is the legality in regards to this. My sister just called all angry because her fiance got served (long story). However, he wasn't home. So the process server handed the papers to HER.

Can that be legal?? Doesn't the person being served have to be the one receiving the papers? My sister has NOTHING at all to do with the legal issue.

Hmm. I'm not sure. It can be different from state to state. However, the purpose of 'serving' papers is to give the person notice that a lawsuit or such legal action has been filed against said person.

Now, the process server apparently had the fiance's address, and the process server will certify that he/she served the papers on a person residing within said residence.

Oddly enough, there are many people whom do not wish to be served with a lawsuit or other legal demand. Thus, even though they are at home, they will not answer the door, or have some other person within the house answer for them, and claim they are not there. Hence many jurisdictions allow the process server to leave the papers with whoever happens to be in the house.

Now, the fiance may choose to ignore the papers, at his peril. He then risks a default judgement (if it is that type of case) or be found to be in contempt of court for not appearing at a hearing (if that is what the papers are about). Fiance may then go to court and 'contest' the judgement or contempt order, claiming that he was not personally served with said papers and had no idea that he was involved in a legal proceeding. However, he may find out that in your jurisdiction 'actual service' is not required, only 'presumed service' (that is not the precise term, but I can't think of it right now), meaning that since it was his (fiance's) legal residence, and someone within that residence was served the papers, then it is reasonable to presume that the person that accepted the papers (willingly or not) gave the papers to the person.

My opinion: it is not worth the risk to just ignore the process. I imagine that said fiance now has actual knowledge that these papers exist, and he may as well face up to whatever he is facing.

By the by: I do think that in criminal cases the standard is a bit more strict (i.e., actually giving the papers to the person in question).

 

[Jennasis]

Hmm. I'm not sure. It can be different from state to state. However, the purpose of 'serving' papers is to give the person notice that a lawsuit or such legal action has been filed against said person.

Now, the process server apparently had the fiance's address, and the process server will certify that he/she served the papers on a person residing within said residence.

Oddly enough, there are many people whom do not wish to be served with a lawsuit or other legal demand. Thus, even though they are at home, they will not answer the door, or have some other person within the house answer for them, and claim they are not there. Hence many jurisdictions allow the process server to leave the papers with whoever happens to be in the house.

Now, the fiance may choose to ignore the papers, at his peril. He then risks a default judgement (if it is that type of case) or be found to be in contempt of court for not appearing at a hearing (if that is what the papers are about). Fiance may then go to court and 'contest' the judgement or contempt order, claiming that he was not personally served with said papers and had no idea that he was involved in a legal proceeding. However, he may find out that in your jurisdiction 'actual service' is not required, only 'presumed service' (that is not the precise term, but I can't think of it right now), meaning that since it was his (fiance's) legal residence, and someone within that residence was served the papers, then it is reasonable to presume that the person that accepted the papers (willingly or not) gave the papers to the person.

My opinion: it is not worth the risk to just ignore the process. I imagine that said fiance now has actual knowledge that these papers exist, and he may as well face up to whatever he is facing.

By the by: I do think that in criminal cases the standard is a bit more strict (i.e., actually giving the papers to the person in question).

Ahh..the voice of clarity!

They both knew that a subpoena was forthcoming. So he has no plans to ignore anything. Sis was just suprised by the nature of the serving.

 

[Praying Colonel]

They are in NY. I know they put in a call to his lawyer, but I figured I'd consult MY experts here too!

Rules regarding service of process for state court matters differ from state to state. Rules regarding service of process for federal court are governed by the Federal Rules of Civil Procedure. They should consult an attorney licensed in that jurisdiction for advice on the issue.

 

[brockash]

I'm talking PROCESS SERVED. What is the legality in regards to this. My sister just called all angry because her fiance got served (long story). However, he wasn't home. So the process server handed the papers to HER.

Can that be legal?? Doesn't the person being served have to be the one receiving the papers? My sister has NOTHING at all to do with the legal issue.

I know it's legal in Colorado. We had to use this method all time in criminal cases to subpoena ppl. My advice would to tell dsis's fiance to go deal with whatever he's involved with/has knowledge of ect.

 

[Saraheg2107]

I live in Florida and it is legal here. As long as the person accepting service lives at the same residence and is over the age of 18 it is legal - again, that is in Florida. My law firm has spouses accepting service all of the time.

 

[SandrA9810]

They can legally tape it to the door of the address as well.... kinda scary since any one can take it off and destroy it before the person it's intended for gets it. At least it's that way in Florida.

 

[allison443]

What OP described is legal in NY. It is called "substituted service", i.e. leaving the papers with a person "of suitable age and discretion."

 

[allison443]

They can legally tape it to the door of the address as well.... kinda scary since any one can take it off and destroy it before the person it's intended for gets it. At least it's that way in Florida.

In NY that is informally referred to as "nail and mail" service, which can be used after a reasonable number of attempts at personal/substituted service (like if no one is ever home, or doesn't answer the door). It has to be followed by a mailing of the papers, so even if someone took off the papers and destroyed it the intended recipient still gets a copy in the mail.

 

[livie1205]

yes it is ok to do..my dh is a deputy and they do the service here and as long as it is the persons home or where their last know address is they can give it to someone else (18 and up).

 

[HeyIt'sMe]

Earlier this week I was at our office's front desk to help cover the phones in our receptionist's absence. A police officer came in, carrying several papers, and asked for one of my co-workers. I tried to call her extension a few times and kept getting her voicemail. The officer said anyone could accept the documents he was delivering. Fortunately, I was able to get a hold of my co-worker and she came up to the reception desk. I couldn't help but hear the officer tell her it was a "Notice of Claim". She looked genuinely confused about it. Ugh. That had to be embarrassing.

 

[FireDancer]

If I am to believe the movies, and why wouldn't I, you are only served if a bunch of B-list actors and actresses do it while dancing to terrible choreography and even worse music music. I believe after getting served you are supposed to also dance while saying things like "oh no you didn't".

 

[Lisa loves Pooh]

If he lives there, I don't see why it couldn't be legal.

I have to say - and this isn't just your situation - but I hate when people attempt to avoid the 'serving' by technicalities (such as this could be).

I mean, he's going to eventually be served. Why put off the inevitable and irritate everyone in the process? KWIM?

In some cases--it can be a matter of a privacy issue and of protecting rights.

B/c I can just envision a forgetful child or a "get even" adult not passing the paperwork along. Then the person who should have been served wouldn't no squat and could have a legal problem down the road.

 

[pezheadmeg]

NY is a backwards state legally. They just can't serve a substitute person on the first try. He's still going to need to receive a copy of the papers via mail.

The extent of my paralegal classes is doing ADA compliance, but I still remember some of the Litigation stuff. Figured if I ever get myself sued, I can at least cover some bases.

 

[CathrynRose]

In some cases--it can be a matter of a privacy issue and of protecting rights.

B/c I can just envision a forgetful child or a "get even" adult not passing the paperwork along. Then the person who should have been served wouldn't no squat and could have a legal problem down the road.

Good point.

 

[phragmipedium]

Substitute personal service is legal in Oregon as well, as long as it's at the person's address of residence...I believe it may also need to be to an adult. Our subservice must be followed up by sending another copy through regular mail to the service address. I work in child support and we subserve people all the time. The only exceptions we use, and they may be our policy exceptions rather than legal exceptions, are that we will only strictly personally serve someone documents that will legally establish paternity for them unless they object, and we also will not subserve documents to someone else in the household who is the other party on the case.